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IMPROVING OPPORTUNITIES FOR TODAY’S STUDENT-ATHLETES WITHIN
THE NCAA
BY
EARL A. SCOTT JR.
A Thesis Submitted to the Graduate Faculty of
WAKE FOREST UNIVERSITY GRADUATE SCHOOL OF ARTS AND SCIENCES
in Partial Fulfillment of the Requirements
for the Degree of
MASTER OF ARTS
Liberal Studies
May, 2015
Winston-Salem, North Carolina
Approved By:
John T. Llewellyn, Ph.D., Advisor
Anthony S. Parent Jr., Ph.D., Chair
Michael D. Hazen, Ph.D.
ii
TABLE OF CONTENTS
LIST OF ILLUSTRATIONS AND TABLES………………………………………..pg. iii
LIST OFABBREVIATIONS………………………………………………………....pg. iv
ABSTRACT……………………………………………………………………….......pg. v
INTRODUCTION…………………………………………………………………....pg. vi
CHAPTER 1: BUSINESS BEHIND COLLEGE SPORTS…………………………..pg. 1
CHAPTER 2: EXTREME LABOR DEMANDS………………………………..........pg. 6
CHAPTER 3: STUDENT ATHLETE’S FINANCIAL REALITIES………………..pg. 11
CHAPTER 4: TRUTH BEHIND “THE STUDENT 1ST
, ATHLETE 2ND
”
MENTALITY………………………………………………………………………..pg. 16
CHAPTER 5: THE POWER OF THE “AMATEUR” TITLE……………………....pg. 23
“EXTRA BENEFITS”……………………………………………….pg. 33
CHAPTER 6: TIME FOR CHANGE………………………………………………..pg. 36
WORK CITED………………………………………………………………………..pg.38
CURRICULUM VITAE………………………………………………………….......pg.44
iii
LIST OF ILLUSTRATIONS AND TABLES
Table I, pg. 9, “Average Number of Hours Worked by U.S.Workers, Aged 18+”,
(Gallup.com)
Table II, pg. 24, “All Work No Pay”, (Economist.com)
Figure 1, pg. 28, (WakeForestShop.com)
Figure 2, pg. 31, (Shop.rolltide.com)
iv
LIST OF ABBREVIATIONS
ACC- Atlantic Coast Conference
ACT- American College Testing
Big 10- Big Ten Conference
Big 12- Big 12 Conference
CNN- the Cable News Network
D-I – Division I
GPA- Grade Point Average
NCAA – National Collegiate Athletic Association
NFL- National Football League
Pac-12- Pacific 12 Conference
SAT- Scholastic Aptitude Test
SEC - Southeastern Conference
v
ABSTRACT
The NCAA should allow student athletes to receive a larger financial
compensation for the amount of revenue they are responsible for generating annually.
The current rules in place by the NCAA restrict any student-athlete from receiving
money for his or her performance in their sport. These rules take advantage of student
athletes because they are required to fulfill high labor demands, while authorities and
surrounding businesses are able to profit from their performance without paying them
anything. As college sports in America continue to grow and become more lucrative each
year, this problem becomes more evident. It is time for the NCAA to revise its model that
has been in place for years, and allow student athletes to receive payments for their time,
commitment, and sacrifice made to help their universities.
vi
INTRODUCTION
My research paper will examine whether today’s student athletes are compensated fairly.
This will be based off of the amount of money they generate and the amount of money
they receive in return. I will focus mainly on today’s big-time college sports, which is
considered to be men’s basketball and football at the Division I level, because those are
the two most lucrative college sports in our country. I will look at the amounts of money
authorities make at universities for managing these players, along with the revenue
different businesses make from being tied to college sports, in order to investigate
whether or not authorities are distributing money fairly to their student-athletes. I will
make comparisons between the average amount of time a student-athlete is required to
partake in sports-related activities each week, and compare that time frame to the average
American working a job. These types of examples will show that big-time college sports
have turned into a more professional-like system as opposed to being an amateur setting.
As a result, this will prove that the NCAA system is damaged.
The NCAA uses the amateurism model to justify its reasoning for refusing to pay players.
I will show how the NCAA contradicts this amateurism model in reality by the way it
operates, and why it should no longer be used. The NCAA model was originally designed
to make athletes education the priority but evidence shows that today’s college athletics
are designed for student athletes’ to put their sport before their academics. These types of
circumstance and restrictions are unfair to athletes. Throughout today’s sports media,
many people have acknowledged that there are major problems in the NCAA model.
Former players, spectators, analysts, and college athletic authorities have all spoken out
vii
on issues related to this topic, and some have recently appeared in court. With big-time
college athletics growing and changing each year, it is time for the NCAA to let go of its
old model and make changes in an effort to create an improved system for its student-
athletes that will prevent them from being taken advantage of.
1
CHAPTER 1: BUSINESS BEHIND COLLEGE SPORTS
The National Collegiate Athletic Association, better known as the NCAA is a non-profit
organization that serves as the governing body for college athletics across the country. It
is responsible for over 460,000 student-athletes that represent 1,200 different schools
(NCAA.org/who-we-are). According to the NCAA’s website, the organization is
“dedicated to safeguarding the well-being of student-athletes and equipping them with
the skills to succeed on the playing field, in the classroom and throughout life”
(NCAA.org/who-we-are). The NCAA is responsible for creating the rules by which
college athletic programs are required to abide, along with enforcing sanctions.
Today’s college sports as a whole is currently a multi-billion dollar industry that
continues to grow each year. Harvard Law Today reports, “Sports—particularly the big-
ticket draws of football and men’s basketball—is a $12 billion-a-year industry for
colleges, universities, and the N.C.A.A., through TV revenue, endorsements, and
merchandising of everything from jerseys to video games featuring star players, never
mind increased alumni donations and ticket sales prompted by winning teams.” (Jaen).
There are many different corporations across the country that manages to make money
through college athletics, by the way they showcase college-athletes to the millions of
sports fans across the country.
Since corporations are aware of the high sports demand, there are many enormous
contracts that involve big-time college athletics. According to Forbes, “the NCAA has a
2
14-year, $11 billion TV deal with CBS and Turner Broadcasting for the NCAA
Tournament, and ESPN will soon pay some $470 million per year just for the new
college football playoff” (Smith). The top five college conferences, ACC, Big Ten, Big
12, Pac-12, and SEC, will make a combined $311 million dollars from their football
teams’ bowl games and the NCAA basketball tournament alone (Smith). According to
Stanley Eitzen’s book, Fair and Foul, “the Coca-Cola Company has an eleven-year, $500
million contract with the NCAA giving it the exclusive right to advertise and promote its
products” (Eitzen 161). Also, “Schools sell licensing rights for the right to use their logos
on clothes, beer mugs, and other items. The retail market for these items amounted to an
estimated $4.3 billion in 2011” (Eitzen 161). These examples show some of the ways
money is generated by college athletics through the big time contracts corporations
negotiate with universities. It also shows exactly how high the demand for college
football and basketball is amongst spectators across the country based on these massive
numbers.
According to USA Today, last year in 2014, the NCAA made $989 million in total
revenue alone from its sports programs and this number continues to grow each year
(Berkowitz). College basketball is responsible for generating the most revenue for the
NCAA, mainly because of the NCAA Tournament that it host each year, which is
commonly referred to as March Madness. According to Will Hobson of the Washington
Post, the NCAA tournament generates close to $700 million of the NCAA’s $989 million
each year. Since the NCAA is a non-profit organization, distributing money in areas that
help student athletes is a part of its organizational responsibilities. Out of the total
3
revenue that fell only $11 million shy of one billion dollars last year, is it unreasonable
for the NCAA to distribute a small portion of this money back to its athletes?
In 2014, Forbes ranked the most valuable college football teams and college basketball
teams based on their contributions to their universities, athletic departments, conferences,
and local communities. In college basketball it was reported back in 2012, that the
Louisville Cardinals are worth $36.1 million, the North Carolina Tar Heels are worth
$29.6 million, and the Kansas Jayhawks are worth $28.2 million (Forbes). In college
football, data showed that the Texas Longhorns are worth $131 million, the Notre Dame
Fighting Irish are worth $122 million, and the Michigan Wolverines are worth $117
million (Forbes). In addition to those team values, Forbes “College Football’s Most
Valuable Teams 2014” article stated, that last year in college football “the top 20 teams
generated $1.42 billion in revenue, up from $1.33 billion the year before” (Forbes). This
shows how fast big-time college sports are continuing to grow, and also gives an idea just
about how much money these student-athletes are generating for their universities.
With all of the money being generated in college athletics, some still claim that majority
of sport programs would not be able to pay players and manage to still make revenue
because certain Division-I schools get close to not breaking even some years. However,
teams that claim they barely make revenue each year should look to make changes in the
way they spend the money they generate. Athletic departments are always trying to
become bigger and better to compete with their opponents. Spending money is a part of
4
this expansion. However, if programs were smarter about their spending they would have
more money to show for it. For example, in 2013, University of Oregon built a 145,000
square-foot practice facility, that cost $68 million, (Manfred). Business Insider reported
that this facility contained 70 different televisions that are used for entertainment. “The
lobby has 64 55-inch televisions that can combine to project a single image,” along with
an additional room that contains “six 80-inch TV’s,” (Manfred). Purchasing this many
televisions in a lobby is excessive because these TV’s are used for entertainment
purposes, rather than serving as resources to help athletes become better football players.
If sports programs around the country cut back on their excessive spending, athletic
departments would have more money. This increase in revenue by eliminating
unnecessary luxuries, would allow universities to put money in their player’s pockets
with no hesitation.
Today’s college sports have evolved over time and have turned into an extremely
lucrative business that the NCAA, universities, and other large corporations benefit from.
However, due to strict rules the NCAA has in place that restrict athletes from being able
to receive money for their performance, college athletes still are under compensated for
the amount of money they are responsible for producing. The only compensation that is
provided to today’s Division I football and basketball players is in the form of a
scholarship. These 85 football scholarships and 15 basketball scholarships include tuition,
room and board, and books, along with a few other fees. The NCAA needs to move away
from its current model that only allows scholarships to be provided to its athletes. Since
college athletes are responsible for creating a multi-billion-dollar industry, student-
5
athletes should be financially compensated in a higher amount than what they are given
now.
6
CHAPTER 2: EXTREEM LABOR DEMANDS
Aside from the enormous amounts of money athletes are responsible for producing, the
amount of physical labor players are required to fulfill serves as another valid reason in
itself for why players should be paid.
Former Northwestern quarterback Kain Colter, is a big advocate for players being paid
based on the amount of physical work they perform. In the beginning of 2014, Colter
Kain and other Northwestern football players had their voices heard in court. The NY
Daily News reported back in 2014, “the National Labor Relations Board ruled that
Northwestern football players are university employees who have the right to unionize”
(Red). Currently Northwestern University is fighting the petition created by these players,
making the claim that its players are not employees, and says it plans to appeal. The NY
Daily News alleged that this case is expected to reach the U.S. Supreme Court and will
most likely take years to reach a resolution (Red). This ruling could apply to all private
Division I schools, so it shows that the evidence used by Northwestern’s football team is
representative of all of the D-I college programs in the country. However, even though
this case has not reached a final verdict, the fact that players were granted the right to
unionize and were considered employees by the court, shows that there is a currently a
big push for changes in the NCAA’s system.
In court, Kain Colter used the number of hours players spend on a weekly basis to make
his case that athletes should be viewed as employees of their university. The NCAA
7
currently has rules set in place that try to prevent coaches from overworking their players.
This weekly time limit is supposed to serve as a method to make sure athletes have
enough time to focus on their academics. This rule is commonly known as the “20-hour
rule.” According to CNN this rule states, “no matter the sport, coaches can't take up more
than 20 hours of their players' time” (Ganim, “Labor Board”). However, even though this
rule has good intentions, Kain provides evidence that shows this rule gets abused
frequently and is not strictly enforced by the NCAA. This shows yet another flaw in the
NCAA system, along with the fact that athletes are working longer and harder than most
people think.
Some of the evidence used by Northwestern football players was explained by CNN,
“during his daylong testimony last week, Colter talked about year-round time
requirements, at times 50 hours a week devoted to football” (Ganim, “Labor Board”).
Also, a survey conducted by the NCAA showed, “the average time spent on athletics in-
season hovered around 40 hours per week for all three sports” (Ganim, “Labor Board”).
Finally, the NY Daily News reported similar information that proved the 20-hour rule was
abused, “Colter, CAPA’s star witness at the NLRB hearing on the Northwestern union
drive in February, testified that players spend 50 to 60 hours a week on football,” (Red).
Kain added, “‘I like to think of it like the military/Navy SEALs,’ he testified. ‘They
spend months and weeks preparing for operations. It’s the same thing as football. We
spend months getting ready for our operations’” (Red). These examples show that in
reality, college football players work around 40 hours per week, and in certain cases have
even spent 50-60 hours on their sport, which is more than double the amount the NCAA
8
allows. This reveals that there is a high demand to win in college sports and shows that
rules are broken and athletes are often taken advantage of because of that drive to win.
Since truth reveals college athletes work close to 40 hours a week in reality, it is fair to
consider college sports a job in itself rather than an extracurricular activity. In America
the average workday is referred to “9-to-5” because the average person is expected to be
at their job from 9 a.m. that morning to 5 p.m. that evening. That adds up to eight hours a
day and 40-hours per week, assuming they have Saturdays and Sundays off. Someone
could make the counter argument that the average “40-hour” work week has risen in our
country and is actually longer. According to a 2014 Gallup.com study, the average work
week has grown to 47 hours (Saad). Regardless of whether the US average work week
has grown or not, the fact remains that today’s college athletes spend approximately the
same amount of time on their sport as the average American does on their everyday job.
Table I titled, “Average Number of Hours Worked by U.S. Workers, Aged 18+” illustrates
that the student athlete data provided would fall right below the 47-hour per week
average, but in certain cases would exceed that level by over 10-hours.
9
Table I
Not only does this table reveal a problem in today’s NCAA model, it also suggests that in
reality, college football is a job in itself. As a result, big-time college athletes should be
viewed more like employees of the university rather than as amateurs.
The number of hours required on sports also prevents today’s athlete from being able to
work a legitimate job outside of their sport. The Huffington Post reports that four out of
five college students are working part-time jobs (Kingkade). Non-athletes have the
opportunity to work part-time jobs while in college that help to earn money to cover
personal needs. Athletes are not allowed this same opportunity. During the semester it is
common for a college student to earn money working somewhere on campus through the
university, wait tables at restaurants in the area, or even bartending at a popular bar in
10
town. When these students go home for summer vacation it is common for them to find a
job in their hometown as well. Since athletes are spending so much time with their teams
it is basically impossible for them to have enough time in the day to work a legitimate job
during the semester. Since athletes are required by coaches to spend majority of their
summer vacation on campus taking classes and working out, it makes it difficult for
athletes to work jobs in the summer also, even though some players still manage to do it.
Due to this lack of opportunity this busy schedule creates, college athletes are at a
financial disadvantage compared to the non-athletes who attend the same university.
11
CHAPTER 3: STUDENT ATHLETE’S FINANCIAL REALITIES
Student athletes receiving a free education, state-of- the-art training facilities and
permitted entry to cafeterias around campus, gives people the impression that athletes
have no financial struggles. However, a majority of athletes on campus who are unable to
make money from working legitimate jobs come from backgrounds where their families
are unable to afford college. A large portion of today’s Division I college football and
basketball players would not be able to attend college without their full scholarship. This
makes them unlike most of their peers, whose families can afford to pay their full tuition
each year. Due to the limited amount of cash student athletes receive from their
scholarships, a lot of times student-athletes do not have the money for basic living
expenses. The University of Connecticut’s former point guard Shabazz Napier stated last
year in a CNN interview, "I don't feel student-athletes should get hundreds of thousands
of dollars, but like I said, there are hungry nights that I go to bed and I'm starving"
(Ganim, “UConn Guard on Unions”). This lack of money is an example of some of the
financial realities today’s student-athletes face as a result of NCAA rules.
According to ESPN, NCAA president Mark Emmert attempted to justify the claims of
players not having enough money by stating, "‘The countervailing voices of this notion
that student-athletes are being taken advantage of has been the dominant theme and had
played out pretty loudly in a variety of outlets,’ Emmert said. ‘The reality is schools are
spending in between $100,000 and $250,000 on each student-athlete’” (Rovell). In this
example he was referring to how much each player’s scholarship is worth. The problem
lies in the fact that even though the full scholarships that Emmert is referring to are very
12
valuable and worth a lot of money, players barely gets to see any of that money in cash
because all of it goes to covering their tuition. Therefore, athletes experience times when
they do not have money for simple necessities like food. The scholarships’ value is the
first thing that comes to most people’s minds, but they fail to realize that a lot of college
athletes are forced to survive on a college campus with very little money.
Ray Giler discusses this controversy in his article, “College Athletes say they Need Pay to
Cover Basic Costs of Living,” that features interviews with multiple Division I athletes
who discuss issues within the NCAA model. One of the players was University of
Alabama-Birmingham’s offensive lineman, Dominic Sylvester. Sylvester is a player who
is on full-scholarship and also receives Pell Grant money from the government, but still
struggles to make ends meet living away from home, (Giler). He is an advocate for the
“pay for play” model that allows student-athletes to get paid, and says it will be beneficial
and help players who are in situations similar to his.
Sylvester says, “Being from out of state, I had about $1,100 in travel expenses last year.
Even getting the Pell Grant, there is not a lot of money left over, say, if you need a new
pair of shoes, or a suit for special occasions, or even to go bowling” (Giler). He also
added that he tries not to ask for money from home because he knows his parents cannot
afford to send money that often. Giler stated, “Like many Division I football and
basketball players, Sylvester doesn’t rely much on help from his folks. His dad is
unemployed with a medical disability, and his mother works for the county social
13
services office in Horseheads, N.Y. Their income is about $50,000 a year” (Giler). This
shows a lot of the basic struggles college players face as a result of their financial
backgrounds and the restrictions put in place by the NCAA. With all of the money that
college athletes are surrounded with many times realities like this go unnoticed.
In the documentary, Schooled: The Price of College Sports, current Houston Texans
running back and former Tennessee Volunteer Arian Foster spoke out on this topic
involving college athletes having a lack of money on campus. He pointed out many
issues with the current college sports system. He talked about how he cannot believe a
system allows the players who fill stadiums every Saturday in the fall to go back to a
dorm after the game to an empty fridge. Foster even referred to a time when a coach
bought him and a group of his teammate’s tacos from Taco Bell because they were
hungry one weekend and didn’t have any money (Schooled). This action is considered an
“extra benefit” by the NCAA and is banned. He went on to add what it was like not to
have money on campus, and the different struggles that came along with that. He gave
multiple examples of times when he and his teammates lacked the money to purchase the
basic necessities of a college student.
Aside from former players like Arian Foster and Kain Colter who share their issues with
the NCAA model, many other people across the country acknowledge that there are
major problems in the way college athletics is run. Washington Post sports writer Will
Hobson discussed his problems with the current NCAA model in his article, “Fund and
14
Games.” Hobson used basketball money generated in the NCAA as an example of the
unfair distribution of funds. He stated, “Conference officials defend the system as a fair
way to share money that supports college athletics. To critics of the NCAA and
amateurism in college sports, however, the only number that matters about the basketball
fund is the amount paid to the players: $0” (Hobson). Hobson shows that he believes it is
unfair for athletes not to be getting a portion of the money they generate.
In the same Washington Post article, Hobson quotes sports economist Dan Rascher, who
has been active part of Ed O’Bannon’s defense in his lawsuit against the NCAA. Rascher
referred to the NCAA’s current model as “Un-American” and went on to say, “it’s so
atypical of anything else we have in this country, where we have this very successful
industry, and the athletes generate a ton of value, and the money goes elsewhere”
(Hobson). Rasher acknowledges that the college sports model is an industry conducted
unlike another other business in our country by the way it takes advantage of its athletes.
College athletes should be compensated further because of the money that is generated as
a result of players’ elite talent and the fact that the NCAA does not operate its
organization the way it claims to. Because of the hours of physical labor required on the
practice field and in the weight room each week, along with the time constraints that
prevent them from working a job outside of their sport. For these reasons the NCAA
needs to come up with a revised method in serving its athletes. Hopefully this will give
players more money and allow them to afford the basic necessities of a college student. It
15
is time for the NCAA to make changes in its model, and allows its players to be paid for
their rigorous contributions to the school.
16
CHAPTER 4: TRUTH BEHIND “THE STUDENT 1ST
, ATHLETE 2ND”
MENTALITY
A mechanism of defense that is commonly used to justify the reason college athletes do
not get paid is the idea that athletes are students first and their main focus should be to do
well in school, and not to focus on their sport. Many believe that if universities or the
NCAA decide to pay their athletes there will be a shift in the athlete’s focus that will
make them start prioritizing their athletics instead over their academics. Even though the
NCAA claims to make students-athletes education their top priority, their actions prove
that they operate a system that forces student-athletes to prioritize their athletics over
their academics anyway.
Stanley Eitzen starts his 9th chapter of Fair and Foul, with a quotation from sportswriter
Bob Kravitz. “The NCAA and its member schools have to quit running from the fact that
they’re running a billion-dollar business and not some high-minded enterprise that’s part
of the larger academic mission” (Eitzen 151). Kravitz points out that universities and the
NCAA claim that they make their athletes’ education the main priority, but in reality their
biggest focus is having their teams perform at a high level in order to generate revenue.
The NCAA’s website has plenty of information on the values it operates with along with
explaining its overall mission for its athletes. Under its “Core Values” section it stays,
universities are committed to making sure “students participate as an avocation,
balancing their academic, social and athletics experiences” (NCAA.org/ncaa-core-
values). Under the NCAA’s “Staying on Track to Graduate” section it states that they
17
“believe success in the classroom is just as important as winning on the field”
(NCAA.org/staying-track-graduate). Lastly, an excerpt from the association’s
“Amateurism” section reads, “in the collegiate model of sports, the young men and
women competing on the field or court are students first, athletes second,”
(NCAA.org/amateurism). The problem with these quotations is that they suggest athletes’
academics have priority over their sport in everyday college life. Conversely, in reality
the way the NCAA allows coaches to manage their players’ lives shows that this “student
first, athlete second” mentality is false.
Many people have discussed their issues with this false representation that the NCAA and
universities across the country take part in. Stanley Eitzen discusses it in his book Fair
and Foul, and Trevor Martin shows how this “student first, athlete second” model is
misleading, throughout his Schooled: The Price of College Sports documentary. Both
men point out the red flags that are involved with high school recruiting. Eitzen believes,
“College athletes in big-time programs are recruited to be part of a commercial
entertainment organization that has nothing to do with the educational mission of
schools” (Eitzen 156). Martin makes a similar reference in his documentary when he
explains how you will never see a professor attend an in-home visit for a recruit, like
coaches do (Schooled). Each year every big time Division I head coach flies across the
country to the homes of his top recruits to have dinner with the player’s family. This
recruiting process is a great example that helps illustrate the truth and reality in the
college sports.
18
Coaches across the country have pressure from their Athletic Directors each year to
assemble a group of talented athletes who will commit and sign Letters of Intent to their
school. There is a lot of pressure from not only athletic directors, but by fans, alumni, and
boosters that want to see their team assemble a better signing class than other rival teams
in their conferences. During this recruiting process players are graded solely on their
athletic talents rather than academic intelligence, which proves that the model the NCAA
attempts to portray is untrue.
There are even coaches who have recruiting incentives listed in their contracts that allow
big bonuses for getting star athletes to commit. However, at the same time these coaches
are liable not to have their contract renewed if their signing class continues to fall below
university standards. According to ESPN, University of Maryland offensive coordinator,
Mike Locksley is an example of a coach who has specific recruiting incentives listed in
his contract: “Locksley will receive $25,000 if Maryland is in the top 40 of the
Rivals.com or Scout.com rankings on signing day. He also will receive $20,000 if the
Terps rank among the top four teams in the ACC on signing day” (Dinich). These
incentives are ways athletic directors put pressure on coaches to bring in players with
exceptional athletic ability, while disregarding anything that pertains to their academics.
No coaches receive bonuses in their contracts for any type of educational achievement
made by a recruit coming out of high school. There are no discussions about players’
GPA, SAT, or ACT scores when Rivals.com and Scout.com rank a signing class.
Providing an assistant coach who already has a $500,000 annual salary with these types
19
of bonuses for a good recruiting class proves that universities prioritize athletics over
academics when it comes to their revenue sports (Dinich).
The only requirement prospective student athletes have to fulfill is passing the “NCAA
Clearinghouse” requests. According to the “NCAA Eligibility Minimum Graduation
Requirements,” the NCAA uses a sliding scale that compares a student’s GPA with their
SAT score from the verbal and math section only or their complete ACT score to
determine whether they will be eligible. Based on a student’s GPA their test score must
meet a certain requirement, the higher a person’s GPA is, the lower their standardized test
score is allowed to be. For example, if a student has a 2.9 core GPA, all he needs is a
combined score of 660 or better on the SAT’s math & verbal sections to be eligible to
play. This test score will allow him to compete at any school across the country that
chooses to offer him a scholarship.
It is not uncommon for an athlete with a test score well below the nation’s average to get
accepted into one of the most prestigious universities in the country. Eitzen states, “The
education of inadequately prepared athletes is a daunting task. As we have seen, many
athletes are admitted to their schools even though they are below the minimum standards.
As a result, athletes in big-time programs are more than two hundred points behind the
average student on the SAT” (Eitzen 156). The fact that universities around the country
make major exceptions for under-qualified student-athletes applying to their school
shows that academics do not have priority over their sports. It proves that in reality,
20
student-athlete’s athletics has priority over their academics, because of the money their
performances generated for their athletic departments and universities.
Aside from the admissions aspect, the current process in the way student athletes are
required to choose their majors and classes points at a system that prioritizes athletic
obligations over academic desires as well. Each semester college coaches plan and set
their practice and meeting times. They coordinate with the academic advisors to make
certain that no players schedule any classes during this reserved block of time each day
for the whole semester. This is in place to make sure athletes will be able to participate in
practices and meetings. Basketball is a winter sport so its in-season practice schedule is
divided between both semesters of the year. Football takes place in the fall, but because
of spring practice students have restrictions in both semesters of the year as well.
These time constraints set by authorities make it hard for players to pick the schedules
they desire. For example, a football coach may reserve the time between 2:00 p.m. - 6:00
p.m. every day to have practice and meetings. If a player was interested in a class that
meets three days a week at 2:00 p.m., he would not be allowed to enroll in that class
because of this time restriction. A lot of times student athletes are not allowed to pursue
their desired majors, because of these rules put in place. If a qualified student wants to
enroll in the business school, he usually cannot because it is rare that the business school
class times correspond with the coach’s practice and meeting times.
21
Former Northwestern University quarterback Kain Colter, who has recently appeared in
the media because of the union movement he started in order to push for changes in the
NCAA model, discussed this same dilemma in court. CNN reported, “Colter said he had
to give up his major related to pre-med studies because he couldn't fit the classes into his
schedule” (Ganim). This claim is supported by a survey that was prepared by the NCAA
in 2012 that revealed, “About 15% of men's football, baseball and basketball players said
they would have had different majors had they not been athletes. Twelve percent of
Division I football players said athletics prevented them from majoring in what they
wanted” (Ganim). Even though the students in the survey do not represent the majority, if
universities lived up to their mission statements that prioritize academics, these students
would have been allowed to pursue the majors of their choice.
Taking this notion a step further, if a player was not okay with their coach’s time
restraints and wanted to pursue his academic aspirations by signing up for a class or
declaring a major that interfered with their sport. The student-athlete would be putting his
scholarship at risk. The NCAA gives each coach the power to revoke any player’s
scholarship at the end of the year if they break team rules or do not meet the athletic
requirements set by the coach. Being at practice is a requirement, and if a student misses
practice regularly due to his class schedule, it is likely that his scholarship will not get
renewed the following year. This could result in a student having to drop out school if his
family could not afford the price of tuition. This NCAA model allows a coach to pull the
scholarship of a 4.0 student-athlete if he failed to meet athletic standards on the field. A
22
situation like this does not seem fair and it also goes against the NCAA model that
suggest players are “students first, athletes second.”
The examples pointed out in the recruiting process, scheduling process, and scholarship
renewal process all show that the NCAA system is flawed by the way it goes against the
values it preaches. Along with the fact that the rules it has in place give coaches and
universities the authority to commit acts that go against its values. In reality, all of this
reveals that the NCAA tries to use “student first, athlete second” model to portray an
image that does not exist in actuality. This false image is put in place as a way to defend
the idea of athletes getting paid. Since the NCAA operates a system that forces athletes to
prioritize their athletics over their academics, students across the country currently put
more time into their sport than their academic studies. Therefore, there will be no shift in
a student’s attention if a “pay-for-play” model is introduced because college sports
already consume a large majority of an athlete’s time. In all, this shows that using
academics as a counter argument not to pay athletes is unjustifiable due to the current
operation of the NCAA’s system.
23
CHAPTER 5: THE POWER IN THE “AMATEUR” TITLE
Another way people try to defend the current NCAA model is by referring to college
athletes as amateurs. Some people believe that this title given to athletes is a reason
college sports are so popular in our country today. It is believed that some people are
attracted to the idea of witnessing students who are fueled merely by the love of the
game, rather than for financial purposes. The NCAA fears that if it changes its model,
and introduce money in its system, they will not have the same fan support and fears that
this will weaken college sports.
President Mark Emmert stated during the Ed O’Bannon trial, that college fans "have
always seen and assumed that intercollegiate athletics is about the notion that these are
members of the student body. They're not hired employees conducting games for
entertainment" (Herndon). With the rules set in place by the NCAA involving grade
requirements, college athletes are always going to remain students. Since intercollegiate
athletics has grown economically over the past few decades, it is hard to try to hold on to
a model that has been in place for so long and does not recognize the new era of college
sports, even though Mark Emmert argues against the idea that student athletes are
employees. In reality based on the labor performed, enormous fan base, and high
demands, college athletes are more like employees than they are amateurs. It is unlikely
that die-hard fans will refuse to support the NCAA if players receive a small increase in
money that is intended to provide them with better living situations. This small increase
will not turn athletes into instant millionaires like professionals.
24
As a result of this “amateur” title placed on student-athletes, players are forced to abide
by a strict set of rules. Merriam-Webster defines an amateur as “a person who does
something (such as a sport or hobby) for pleasure and not as a job.” Based on the number
of hours per week players spend on their sport and the high expectations they are held to
in order to keep their scholarship, it is clear that big-time college athletics is far from an
extracurricular pleasure. In reality, it is more comparable to working a full-time job or
being a professional. This graph from the Economist, titled “All Teamwork and no Pay,”
compares the revenue and player salaries of the NCAA, NFL, and NBA. This shows that
based on the numbers, the NCAA is similar to today’s professional leagues (Table II).
Table II
25
This shows that the model the NCAA bases its rules on something that is different from
today’s realities. It is evident that the NCAA holds on to this amateurism model as a way
to keep restrictions on its athletes. That prevents them from earning money for their
performance, and also allows the NCAA to keep more money for itself by not having to
distribute a percentage of revenue.
The biggest and most controversial “amateurism rule” the NCAA has in place is the one
that bans athletes from receiving a “salary for participating in athletics,”
(NCAA.org/amateurism). In the book Fair and Foul, Stanley Eitzen shares his
disagreement with this part of the NCAA model because he believes student-athletes are
being taken advantage of because they receive no money for their substantial
contributions. In a paragraph from the 9th
chapter of Fair and Foul titled, The
Contradictions of Big-Time College Sports, Eitzen states:
To keep these programs “amateur,” the NCAA has devised a number of rules that
eliminate all economic benefits to the athletes: (1) they may receive only educational
benefits (room, board, tuition, and books); (2) they cannot sign with an agent and retain
eligibly; (3) they cannot do commercials; (4) they cannot receive meals, clothing,
transportation, or other gifts from individuals other than family members; and (5) their
relatives cannot receive gifts of travel to attend games or other forms of remuneration.
(Eitzen 174)
26
This list of restrictions shows exactly how serious the NCAA is about denying athletes
the chance to profit from their performance. Eitzen says, “These rules reek with injustice.
Athletes can make money for others, but not for themselves” (Eitzen 174). Eitzen
discusses how all of the rules listed above are biased because universities and coaches are
allowed to benefit from all the things that athletes are not. He points out that college
coaches are allowed to have agents when athletes cannot, schools can use athletes’
photographs in commercials and advertisements when players cannot themselves. Plus,
memorabilia with an athlete’s likeness on it gets sold each year and players still cannot
sell memorabilia of their own. It is wrong for universities to make money from an
athlete’s image, when players are banned from making money using their own. The same
authorities, who enforce these rules, are the ones who are benefitting from doing the very
same things they forbid their players from doing.
Every year in college football and basketball each big-time school makes money from
memorabilia through jersey sales. There are limited jersey options for fans to purchase,
usually each school chooses a few numbers and creates jerseys with these numbers
printed on them. However, it is no coincidence that the numbers being sold each year
almost always match the numbers worn by the team’s star players. For example, if the
University of North Carolina’s basketball team’s leading scorer wore the number 5, and
the starting quarterback on the football team wore the number 12, it is almost certain that
a #5 Tar Heels basketball jersey and a #12 Tar Heels football jersey would be sold in the
team store on campus, local retail stores, and online. Shabazz Napier told CNN, “When
you see your jersey getting sold -- it may not have your last name on it -- but when you
27
see your jersey getting sold and things like that, you feel like you want something in
return” (Ganim, “UConn Guard on Unions”). This jersey example shows the problems
players have with universities using their likeness to sell products, without compensating
the student-athlete who is being depicted.
Wake Forest University, who belongs to the ACC, is an example of a big-conference
school that does this year in and year out. From the university’s home page you can
navigate to the online Wake Forest Shop that is titled “The Official Online Store of
Demon Deacon Athletics.” On this website you will see that Wake Forest University’s
newest jersey for sale is a football jersey with the #9 on it that is currently being sold for
$89.95 (WakeForestShop.com) (Figure 1). This happens to be the number of senior
cornerback Kevin Johnson, who was Wake Forest’s best player in 2014. He is currently
projected by sports analysts to be a first-round selection in this year’s 2015 NFL draft,
which is the highest rating for any current Wake Forest football player. Even though the
school sells replicas of his jersey, Johnson is not allowed to receive any of the money
made.
28
Figure 1
High profile players have been sanctioned by the NCAA in the past for situations
involving the selling of jerseys and other memorabilia that belonged to them. Taylor
Branch discusses these issues in his article, “The Shame in College Sports,” that was
published in The Atlantic in 2011. The opening subheading of the article reads:
A litany of scandals in recent years have made the corruption of college sports
constant front-page news. We profess outrage each time we learn that yet another
student-athlete has been taking money under the table. But the real scandal is the very
structure of college sports, wherein student-athletes generate billions of dollars for
universities and private companies while earning nothing for themselves. (Branch 1)
In this excerpt Branch concludes that if we look at the reoccurring incidents involving
money and college athletes, we will realize that this reoccurring problem points to a
flawed system that needs to be fixed.
29
An example of a player who received harsh discipline for breaking one of these one-sided
rules was A.J. Green:
At the start of the 2010 football season, A. J. Green, a wide receiver at Georgia,
confessed that he’d sold his own jersey from the Independence Bowl the year before, to
raise cash for a spring-break vacation. The NCAA sentenced Green to a four-game
suspension for violating his amateur status with the illicit profit generated by selling the
shirt off his own back. While he served the suspension, the Georgia Bulldogs store
continued legally selling replicas of Green’s No. 8 jersey for $39.95 and up. (Branch 5)
It is unfair that a university can make money from selling a player’s jersey but a player
cannot make money from selling his own. If a university is allowed to sell a player’s
jersey, the player should be able to sell his own or be given the opportunity to make a
percentage of what the jersey is sold for. These biased actions show that student-athletes
frequently get taken advantage of. Universities will argue and claim that since there is no
last name printed on the jerseys they are not in the wrong because the jerseys they sell do
not belong to any particular player. However, the direct correlation with star players and
jersey numbers proves that the jersey number selections made by athletic departments
each year are aimed to mimic a player and are not a random coincidence.
Another player who got sanctioned by the NCAA was Heisman trophy winner, Johnny
Manziel. Johnny Manziel was in involved in an autograph scandal that forced him to be
suspended the first half of his season opener at Texas A&M in 2013. Even though the
30
NCAA could not find any evidence to prove that Manziel received money for signing
autographs, he was suspended for violating the NCAA Bylaw:
The NCAA and A&M agreed on the one-half suspension because Manziel violated
NCAA bylaw 12.5.2.1, an NCAA representative confirmed. The rule says student-
athletes cannot permit their names or likenesses to be used for commercial purposes,
including to advertise, recommend or promote sales of commercial products, or accept
payment for the use of their names or likenesses. (ESPN)
Even though the NCAA amateur based rules restrict players from selling their autograph,
it is common for basketball and football departments to ask players to sign memorabilia
throughout the year without providing the player with any information on whom the
signed collectables are for or where they are going. Some programs will specifically
instruct seniors, who are in their final year of eligibility to sign balls, with the intention
of the university to sell, auction, or distribute those collectables once their season is
completed. College athletic departments can hold on to these items and either sell them
online, auction them off at events, or give them to boosters as gifts for their generous
contributions. Since the NCAA restricts universities from selling memorabilia that
contain the signatures of their current athletes, programs wait until athletes are no longer
a part of the team before they sell memorabilia signed by them through their online store.
The University of Alabama, which has one of the richest college football programs in the
country, is an example of a school that makes money from doing this. Directly from the
31
university’s homepage, you can navigate to “The Official Online Store of University of
Alabama Athletics,” and purchase this type of autographed memorabilia
(Shop.rolltide.com). For example, on this website there is currently a signed football
helmet being sold for $499.95, (Figure 2). The product description states, “This Alabama
Crimson Tide Pro-Line Riddell authentic helmet has been personally hand-signed by
running back Eddie Lacy with the inscription ‘2013 BCS MVP.’ It is officially licensed
by the NCAA and comes with an individually numbered, tamper-evident hologram from
Fanatics Authentic. To ensure authenticity” (Shop.rolltide.com).
Figure 2
Whether a player still attends the university or has moved on, it is wrong for the same
people who restrict student-athletes from selling their own autograph to be selling college
memorabilia through their websites. When an institution is allowed to do one thing, and
32
restrict its workers from doing the same thing it gives off a negative image that they are
trying to take advantage of these people. It appears that the NCAA and universities are
always finding new ways to make money from their athletes. In reality they should be
trying to find ways to better assist them in all realms of life.
The NCAA bylaw discussed in the Manziel case also restricts players from permitting the
use of their likeness in commercials, advertisements, or the promoting of sales.
However, universities and other corporations promote players’ brands by using players’
images constantly. For example, almost all big-time Division-I schools have a
commercial that promotes their university that usually appears during a televised game. It
is common for segments of these commercials that are meant to promote the university to
contain the images of their athletes in competition. In addition to that, loads of NCAA
college football and basketball magazines are printed each month and sold around the
country that have college athletes’ images throughout. If a player accomplishes enough to
be selected to be featured in a national college sports magazine, he should be able to
receive a payment from his image being used, because any other student would be able to
get paid if a similar opportunity presented itself in another aspect of life.
Furthermore, it is also against NCAA rules for a player to go home for a weekend during
the summer and host a football or basketball camp in his hometown, as an effort to make
money. In the NCAA’s eyes hosting a camp is a result of a player using his athletic image
to make money. This violates their “amateur” based rules that could result in a
33
suspension, which seems extreme and unfair. It is contradictory of the NCAA to use
player’s likeness in commercials and advertisements that promote their universities, and
restrict athletes from profiting from their own image in a similar way.
“EXTRA BENEFITS”
Not only is a player forbidden from profiting from their own memorabilia and image;
they are also not allowed to receive any “extra benefit” from people outside their family,
if the benefit is provided for reasons associated with the player’s athletic ability.
According to the “NCAA Compliance” rules found online, the NCAA defines an extra
benefit as the following:
Extra Benefit (Bylaw 16.02.3) – An extra benefit is any special arrangement by an
institutional employee or a representative of the institution’s athletic interests (including
fans) to provide a student-athlete or the student-athlete’s relative or friend a benefit not
expressly authorized by the NCAA legislation. Extra benefit regulations pertain to
prospects as well. (“Extra Benefits” 1)
Exception for Benefits Available to Other Students (Bylaw 16.01.3) – The receipt
of a benefit by a student-athlete or his or her friends that is not authorized by NCAA
legislation is not a violation if it is demonstrated that the same general benefit is available
to the institution’s students, their relatives, and friends determined on a basis unrelated to
athletics ability. (“Extra Benefits” 1)
34
Under the “Guidelines” section of this “NCAA Compliance” document it states, “You
may not provide a prospect or a current student-athlete with money, gifts, loans, flowers,
etc.” (“Extra Benefits”). The NCAA creates rules like these as a way to monitor the
things their athletes receive. Nonetheless, not being able to receive something as simple
as flowers from a person is extreme. To put some more of the NCAA rules into
perspective, if an 18-year-old college athlete meets a fan at a community service event,
and this fan enjoys watching this particular player play and appreciates the way he or she
represents their alma mater, a player is not allowed to be treated to dinner, given a ride, or
accept any tokens of appreciation from this fan. According to the rules, this benefit would
be considered sports related because a person is being provided with a gift because of
their athletic accomplishments that is not offered to his or her peers, which seems unfair
to this athlete.
These types of unreasonable rules are extremely unfair because they deny athletes the
rights that non-athletes have on a regular basis. An athlete should be able to receive an
“extra-benefit,” like a free dinner or ride from a fan, whether this act of kindness is as
result of their athletic accomplishments or not. If a student who is a non-athlete is
allowed to benefit from a normal act of kindness based on their accomplishments, then a
student-athlete should be able to do the same. Student athletes earn the current benefits
they receive through their talent, hard work, dedication, and production. Athletes should
be able to accept simple “extra benefit” given to them, and not be punished for their
student-athlete status.
35
Overall, the NCAA currently abuses the “amateurism” model it stands behind by the way
it creates strict, unfair rules that are built on the false idea that college players are
operating in a system where their sport is considered a voluntarily, extracurricular
activity. Based on the high demands forced on today’s athletes, it is evident that this
system is untrue and in reality there is nothing amateur about the lives of today’s big-time
college athletes. Therefore, it is clear that the NCAA uses the “amateurism” title as a way
to enforce strict rules that prevent athletes from making money. The NCAA needs to
remove the amateur title that is forced on its athletes in order to allow college players the
opportunity to earn money or accept benefits through resources outside of their
university.
36
CHAPTER 6: TIME FOR CHANGE
Despite the flaws pointed out, the NCAA system still has a number of positives that help
its student athletes. The organization allows its athletes to showcase their talent on a high
level, provides student-athletes with educational opportunities, along with allowing them
to interact and build networking opportunities with a number of people. However,
reflecting on the facts and arguments stated, the NCAA still has many things it should
change in order to improve its organization. Based on the amount of labor today’s
student-athletes are forced to perform and the money they are responsible for generating,
Division I football and men’s basketball players should be paid by the NCAA and/or their
universities.
In order to maintain the current college athletic system, this payout should not be in an
amount similar to a professional league. However, it should be enough to eliminate the
thought that college athletes are being taken advantage of. A possible method that could
work would be one that allowed men’s basketball and football players to receive checks
from their universities, their conferences, and the NCAA at the end of each year that
would provide them all with a small, equal portion of the money they helped to generate.
In addition to the checks given to them, players should be allowed to participate in
business opportunities on their own that will allow them to make additional money from
their image through institutions other than their schools, conferences, and the NCAA.
Placing a limit on how much a player can make from his image each year would be a
positive change that would help student-athletes financially without damaging the
integrity of college sports. A method that would allow a player to make money up to a
37
certain amount through signing autographs, appearing in advertisements, or hosting
camps, would be fair and beneficial to the student athlete. This kind of model would
allow all players to be compensated properly and allow athletes to participate in other
business opportunities on their own if they wish to do so.
In all, even though the NCAA provides great opportunities for its student-athletes, there
are many revisions that could be made in order to better serve these young adults. Instead
of changing the way the current NCAA model operates, the NCAA should construct a
method that allows big-time college athletes the right to make money from their image
through resources outside of their university, and also figure out a way for universities
and/or the NCAA to pay athletes a small percentage of the money they are responsible
for generating.
38
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44
CURRICULUM VITAE
Earl A. Scott Jr.
13307 Royden Court, Ellicott City, MD 21042
[email protected], Cell: (443) 472-5509
EDUCATION:
2014 to 2015 Wake Forest University – Winston Salem, NC
Master of Arts in Liberal Studies – May 2015
2010 to 2013 University of Virginia – Charlottesville, VA
Bachelor of Arts in Sociology – December 2013
2006 to 2010 Our Lady of Good Counsel High School – Olney, MD
2010 Graduate
EXTRACURRICULAR EXPERIENCE:
2014 Wake Forest University Football – Winston-Salem, NC
Participated on the varsity football team as wide receiver.
2010 to 2013 University of Virginia Football – Charlottesville, VA
Participated on the varsity football team as wide receiver. Earned
various awards for leadership and sportsmanship.
2008 to Present Dynis, LLC – Columbia, MD
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Interns in the summer as needed. Provides organizational and
clerical assistance. Contributes to the recruitment and scheduling
of other summer interns at Dynis.
ACADEMIC HONORS:
2014 Named to the 2014 All-Atlantic Coast Conference academic
football team (Wake Forest University).
2009 to 2013 Four-time ACC Academic Honor Roll member (University of
Virginia).